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JJ, Attorney

Category: South Africa Law

Satisfied Customers: 4500

Experience: Admitted Attorney 17 years experience

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Dear Sir / Madam
I have recently had my first accident as

Resolved Question:

Dear Sir / Madam

I have recently had my first accident as a result of the other party skipping a stop street and I drove into him (29 July 2013). At the accident scene I was not informed by the other party (who was on his phone to his broker at the time) that my vehicle had to be towed to his insurance company's premises. I have now been informed by the company who towed my car that I owe them an amount of R12 255.00 (which accumulates every day by R250) in towing and storage charges. At the time they towed my car they said that I would not have to pay as I was not the guilty party only to later advise that they do not deal with third party claims. I have been corresponding with the guilty party's insurance broker and thereafter his insurance company for nearly a month now just for them to now advise me that they will not be covering any costs for storage or towing. I have contacted the towing company advising them of the situation and that I have no means of paying them the amount already due (not to mention the accumulated amount) and requested them to please provide me with a discount which they are refusing to do. Please could you advise me what my legal position is in this regard seeing as I do not have the means to pay the amount. I keep battling to get an answer out of the insurance company as to when the claim will be finalised and whether they are going to write off my car (which is most likely as it is an old car and the book value is very low, whilst to repair it would probably cost more than the car is worth). I appreciate your time and look forward to receiving your response herein. Vega du Plessis (XXXXX@XXXXXX.XXX)

The third party insurers will have to pay for all the costs. There is no legal justification for them not to pay it and this forms part of the damages you suffered. In my view you will have to advise them that you will be claiming for everything and they need to be advised that until such time they settle they are incurring huge costs.

You will have to however get a lawyer involved and due to the lack of funds you should try and see whether the legal aid board will assist. They can be con tacted on www.legal-aid.co.za

You can also try your local legal aid clinic for assistance if there is one in the vicinity.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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